M BHIMAROO DORA Vs. BHAJARAM SWAIN

JUDGEMENT

(1.) THIS revision is directed against the order passed by the learned Executive Magistrate, Bhanjanagar, on 3.9.1983 terminating the proceeding under Section 107 of the Code of Criminal Procedure (hereinafter referred to as 'Code').

(2.) THE parties to the proceeding had previous litigation. The petitioner complained of overt acts perpetrated by the opposite parties on several dates whereby, there was apprehension of breach of peace on satisfaction of which, the learned Executive Magistrate, on 4.1.1983, drew the preliminary order and directed the opposite parties to appear before him on 22. 1. 1983 and show cause why they should not execute bonds of Rs. 500/ - each wish one surety for the like amount to keep the peace for a period of one year.

(3.) MR . R.C. Ram, appearing for the petitioner urged that the learned Executive Magistrate did not indicate in the impugned order as to when the enquiry under Section 116 of the Code commenced. He was perhaps under the wrong notion that the enquiry commenced on the date of appearance of the opposite parties in his Court on 22. 1. 1983. But according to the materials available on the trial Court record, it would be apparent that the enquiry commenced on 11. 4. 1983, when two witnesses for the petitioner were examined and the learned Executive Magistrate applied his judicial mind to ascertain these facts. As a period of six months had not elapsed from 11.4.1983, the learned Executive Magistrate committed a serious illegality by terminating the proceeding by the impugned order. This contention is well -founded.